Chicago Personal Injury Lawyers

As you weigh your legal options, you may want to understand the basics of a personal injury case. For example, what do you need to prove to get compensation, and how much time do you have to bring your claim?

There are several potential ways to hold a defendant liable for injuries. Different theories of liability apply in different situations. Some of these theories include:

• Negligence
• Vicarious liability
• Strict liability
• Breach of warranty
• Intentional tort

Negligence means that the defendant needed to meet a certain standard of care and fell short of this standard, causing the victim’s injuries. In ordinary situations, the standard of care is what a reasonable person would do in similar circumstances. In some specialized cases, such as injuries caused by healthcare providers, a more precise standard of care may apply.

An employee of a business may cause an accident by acting negligently while they are on the job. This could allow a victim to bring a claim against the employer under a theory of vicarious liability. The employer may be liable even if they did nothing wrong. (Of course, a victim also could sue the employer if its own negligence contributed to the accident, such as when a trucking company hires an unqualified driver who causes a crash.)

Strict liability means that the injured person doesn’t need to show that the defendant was careless. It’s only available in certain situations. Strict liability often comes up in cases involving defective products. Under this theory, a victim would try to prove that their injuries resulted from a defect in the product that existed when it left the defendant’s control.

Breach of warranty is another theory that may come up in a case involving a defective product. This means that the victim got hurt because the item did not meet the terms of an express or implied warranty. The existence and scope of a warranty can be complex questions that require careful analysis.

Intentional torts often involve conduct that could be charged as a crime, such as assault or battery. The victim needs to show that their injuries resulted from the defendant’s intentional acts.

In Illinois, as in other states, there is a deadline known as the “statute of limitations” for filing a personal injury lawsuit. Typically, you have two years to file your case. If you miss this deadline, the defendant can request that the court dismiss your case, regardless of how strong your evidence might be or how serious your injuries are. This means it's crucial to act promptly to ensure your right to seek compensation is preserved.

In addition to the issues discussed above, here are a few other rules involving personal injury lawsuits that you might want to know:

• Comparative negligence: a victim who was partly at fault for their injuries can get damages if they were no more than 50 percent at fault, although the amount will be reduced in proportion to their degree of fault
• No damages caps: unlike some states, Illinois generally does not have any limits on the amount of damages that a victim can get
• Suing the state: a victim has one year to file this type of lawsuit, or to file a “notice of claim” that will trigger the standard two-year statute of limitations
• Suing a local government: a victim suing an entity such as the City of Chicago generally has one year to file a lawsuit, although a two-year period applies to medical malpractice cases

These are just some of the nuances in Illinois personal injury law that might affect your case and your strategy in bringing it.

Most personal injury cases are resolved through a settlement rather than going to trial. This means you agree to receive a certain amount of money in exchange for dropping your claims against the other party. Settling can be beneficial for both sides because it avoids the uncertainty of a trial and cuts down on the time and costs involved.

However, it's important not to jump at the first settlement offer. Defendants and their insurance companies often want to settle quickly and for as little money as possible. The initial offer might not fully cover your needs, especially if you've suffered serious injuries. Taking time for further negotiations can often lead to a better settlement.

Before settling, it's also wise to wait until you have a clear understanding of your medical condition, including any future treatment you might need and any long-term effects on your ability to work and enjoy life. Knowing this information can help you determine the amount of compensation that's fair and adequate.

Remember, once you settle and release your claims, you usually can't go back and ask for more money later.

Even if your case is settled out of court, having a personal injury attorney on your side can be very beneficial. An experienced attorney can gather and present a wide range of evidence that demonstrates the true value of your claim to the insurance company and its lawyers. This may include:

• Photos or videos of the accident scene
• Any police report describing the incident
• Medical records discussing your treatment
• Medical bills and pay stubs showing your financial losses
• Eyewitness testimony from people who saw the accident happen
• Testimony from medical experts who can describe the prognosis for your injuries and vocational rehabilitation specialists who can discuss the impact on your ability to work
• Testimony from friends and family members who can explain how the accident has affected your daily activities

Your attorney can also provide valuable advice on the worth of your case and whether a specific settlement offer is fair given your situation. They can help you weigh the pros and cons of accepting an offer versus continuing to trial. However, the final decision is always yours. Your attorney cannot settle the case without your approval.

Getting an attorney on your side can make a big difference in how the defendant and their insurance company handle your case. When they see that you have legal representation, they may be more inclined to offer a fair settlement quickly, allowing you to resolve the matter and move forward sooner. If a fair settlement isn't offered, your attorney should be prepared to take your case to trial. At this point, their knowledge and experience will help them craft compelling arguments to support your claim while countering the other side’s strategies.

Sometimes accident victims get attorney recommendations from friends or family. But often they search online for legal help. For example, the Justia Lawyer Directory lists many personal injury lawyers in the Chicago area.

Look for an attorney with experience relevant to your specific claim. If you slipped and fell at a supermarket, you’d want a lawyer with experience in slip and fall cases. The nature of the injury can also matter. For instance, if a family member suffered a serious brain injury, a lawyer experienced in handling brain injury cases might be more suitable. They may have connections with medical experts, making it easier to prove the extent of the damages.

An attorney’s website can provide insight into their past successes, such as notable verdicts and settlements. Reading reviews from former clients can also help you understand the lawyer’s personality and approach. Meanwhile, endorsements from fellow attorneys can indicate the respect they’ve earned in the legal community.

It's important to check the disciplinary record of any attorney you're considering. A minor infraction may not be a big deal, but a pattern of unethical behavior should be a red flag.

Most personal injury lawyers offer a free case evaluation. Use this opportunity to gauge whether the attorney is a good fit for you. They should be able to explain their thoughts clearly and answer your questions. Generally, it’s a good idea to talk to a few attorneys before making your decision. This will help you find the right person to handle your case and ensure you feel confident moving forward.

Personal injury cases may arise from a wide range of situations, such as:

• Car accidents: these generally result from a driver doing something dangerous and possibly illegal
• Truck accidents: the massive weight of a truck can cause devastating injuries when a truck driver or trucking company fails to act safely
• Motorcycle accidents: the lack of structural protection for a person riding a motorcycle puts them at greater risk if another vehicle strikes them
• Premises liability: slip and falls or trip and falls on someone else’s property may expose them to liability if they didn’t address a hazard
• Medical malpractice: healthcare professionals may make mistakes such as misdiagnoses, surgical errors, or pharmaceutical errors
• Nursing home negligence: staff at these facilities may fail to account for the basic needs of a resident, or sometimes even abuse them
• Defective products: consumer goods may have manufacturing, design, or marketing defects for which a manufacturer or another entity in the chain of distribution may be held accountable
• Dog bites: Illinois makes a dog owner strictly liable for most injuries caused by their dog
• Assault or sexual assault: people who commit crimes that injure others may be both charged by a prosecutor and sued for compensation

Some accidents happen on the job. When you get injured at work, you typically can't sue your employer or a coworker. Instead, you would rely on workers' compensation benefits. However, if someone else contributed to your injuries—like a manufacturer of faulty equipment you used on the job—you could have the option to sue them. This way, you might receive additional compensation beyond what workers’ comp provides.

A recent study on jury verdicts in Illinois reveals some interesting insights about personal injury cases that go to trial. In just over half of these cases, damages were awarded. The median amount awarded was $26,624. Notably, about 8 percent of jury verdicts resulted in awards over $1 million.

Personal injury settlements in Illinois can also involve significant amounts. For example, in 2023, a child who suffered brain damage due to a birth injury received an $11 million settlement. Less severe injuries typically result in more modest settlements. In 2023, a plaintiff who sustained cuts and scarring on his face from a car accident received a $50,000 settlement.

Ultimately, the value of any personal injury case depends on its specific details. An experienced attorney can help you better understand the potential value of your case and guide you through the process of seeking fair compensation.

The latest report on traffic crashes from the Chicago Department of Transportation provides some important data. In 2023, there were 136 traffic-related fatalities in Chicago, marking a 27 percent decrease from the peak in 2021. Of these fatalities, 80 were vehicle occupants, 10 were cyclists or scooter riders, and 46 were pedestrians.

Over two-thirds of car accident deaths involved speeding, and 84 percent involved reckless driving. Nearly half of pedestrian deaths were caused by SUVs or larger vehicles. The report also noted that streets wider than 50 feet had 14 times more fatal crashes per mile compared to narrower streets.

In addition to fatalities, there were 2,337 serious injuries from traffic crashes in 2023, a 6 percent decrease from the peak in 2021. Slightly over 2 percent of all crashes resulted in deaths or serious injuries, continuing a steady decline since 2020.

A transportation analytics study from late 2022 highlighted some of the most dangerous places to drive in Chicago, based on the crash rate per 100,000 vehicles. This metric focuses on the likelihood of crashes at specific locations rather than the total number of collisions at each place. According to the study, the most dangerous traffic signal locations included:

• South Rockwell Street and West Cermak Road (1.44 crashes per 100,000 vehicles)
• North Fairbanks Court and East Erie Street (1.41 per 100,000)
• West Diversey Avenue (1.32 per 100,000)
• East Grand Avenue (1.28 per 100,000)
• Belmont Avenue and Lake Shore Drive (1.28 per 100,000)
• Illinois Street and Lower Lake Shore Drive (1.26 per 100,000)
• West Devon Avenue and North Western Avenue (1.22 per 100,000)
• Dearborn Street and West Washington Street (1.15 per 100,000)
• South California Avenue and West 63rd Street (1.12 per 100,000)
• South Cottage Grove Avenue and East 87th Street (1.10 per 100,000)

During the period of the study, 58 percent of reported crashes occurred within 400 feet of a traffic signal.

If you've been involved in a car crash, getting a police report can be crucial for proving liability and damages. In Chicago, you can obtain a police report by visiting the Central Police Headquarters at 3510 South Michigan Avenue. Alternatively, you can request the report by mailing the Chicago Police Department Records Inquiry and Customer Service Section.

If you believe your doctor committed medical malpractice, you can report the issue to the Illinois Department of Financial and Professional Regulation. If you have concerns about the care provided by a nursing home, you can file a complaint with the Illinois Department of Public Health. This agency also provides reports on nursing home violators, helping you identify facilities to avoid.

If you were injured in a crime, the Office of Community Policing within the Chicago Police Department offers crime victim services. Additionally, the Office of the Illinois Attorney General provides a Statewide Victim Assistance Program for victims and witnesses in cases they are prosecuting.

If you were hurt in a workplace accident, the Illinois Workers’ Compensation Commission is a valuable resource to learn about your rights and options. The Cook County Office of the Commission is located at 69 West Washington Street and can be contacted by phone at 312-814-6500.

1. How much do I need to pay my personal injury lawyer?

   When seeking legal representation for an injury case, you typically won't need to pay your lawyer anything upfront. They will collect a percentage of any settlement or verdict they secure for you as their fee. This percentage usually ranges from 25 to 40 percent, and it may vary depending on how far the case goes.

2. What kinds of damages can I get in a personal injury case?

   You can get economic damages for tangible costs like medical bills, lost income, property damage, and future treatment expenses. You can also claim non-economic damages for intangible harm like pain and suffering, emotional distress, and loss of enjoyment of life. In very rare cases, you might be awarded punitive damages. These are not meant to compensate you but to punish the defendant if they acted particularly badly. Punitive damages also serve as a deterrent to prevent similar behavior in the future.

3. Do I have a claim against someone who assaulted me if they weren’t convicted?

   Possibly. In a criminal case, the standard of proof is "beyond a reasonable doubt," meaning the evidence must be so convincing that there is no reasonable doubt about the defendant's guilt. In contrast, the standard of proof in a personal injury lawsuit is "the preponderance of the evidence." This means that it only needs to be more likely than not that the defendant is liable. Since this standard is much lower than in criminal cases, a defendant can be found liable for damages in a personal injury lawsuit even if they were not convicted of a crime.

4. Can I turn right on red in Chicago?

   Yes, you can turn right on red in Chicago unless there is a sign saying otherwise. However, you must come to a complete stop before making the turn.

5. Can I get compensation for a dog bite even if the dog didn’t bite anyone before?

   Illinois doesn’t follow the “one bite rule.” A dog owner may be liable regardless of whether they had any idea that the dog might bite.

6. How can I identify nursing home neglect?

   Some common signs of nursing home neglect include bedsores and other mobility issues, hygiene problems, malnutrition or dehydration, unexplained injuries, and depression or emotional withdrawal.